§ 3-9-4-17 — Civil penalties imposed by county election board; procedure; disposition of penalties collected

(a) In addition to any other penalty imposed, a
person who does any of the following is subject to a civil penalty under
this section:
(1) Fails to file with a county election board a report in the
manner required under IC 3-9-5.
(2) Fails to file a statement of organization required under IC 3-9-1.
(3) Is a committee or a member of a committee who disburses or
expends money or other property for any political purpose before
the money or other property has passed through the hands of the
treasurer of the committee.
(4) Makes a contribution other than to a committee subject to this
article or to a person authorized by law or a committee to receive
contributions in the committee's behalf.
(5) Is a corporation or labor organization that exceeds any of the
limitations on contributions prescribed by IC 3-9-2-4.
(6) Makes a contribution in the name of another person.
(7) Accepts a contribution made by one (1) person in the name of
another person.
(8) Is not the treasurer of a committee subject to this article, and
pays any expenses of an election or a caucus except as authorized
by this article.
(9) Commingles the funds of a committee with the personal funds
of an officer, a member, or an associate of the committee.
(10) Wrongfully uses campaign contributions in violation of IC 3-9-3-4.
(11) Fails to designate a contribution as required by IC 3-9-2-5(c).
(12) Violates IC 3-9-3-5.
(13) Serves as a treasurer of a committee in violation of any of the
following:
(A) IC 3-9-1-13(1).
(B) IC 3-9-1-13(2).
(C) IC 3-9-1-18.
(14) Violates IC 3-9-3-2.5 by making a communication that
contains a disclaimer that is not presented in a clear and
conspicuous manner, as required by IC 3-9-3-2.5(d) and IC 3-9-3-2.5(e). This subdivision does not apply to a person whose
sole act is, in the normal course of business, participating in the
preparation, printing, distribution, or broadcast of the
communication containing the disclaimer.
(b) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for filing a defective report or
statement. If the county election board determines that a person failed
to file the report or a statement of organization not later than noon five
(5) days after being given notice under section 14 of this chapter, the
county election board may assess a civil penalty. The penalty is ten
dollars ($10) for each day the report is late after the expiration of the
five (5) day period, not to exceed one hundred dollars ($100) plus any
investigative costs incurred and documented by the board. The civil
penalty limit under this subsection applies to each report separately.
(c) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(1) or (a)(2) for a delinquent report or
statement. If the county election board determines that a person failed
to file the report or statement of organization by the deadline prescribed
under this article, the board shall assess a civil penalty. The penalty is
fifty dollars ($50) for each day the report is late, with the afternoon of
the final date for filing the report or statement being calculated as the
first day. The civil penalty under this subsection may not exceed one
thousand dollars ($1,000) plus any investigative costs incurred and
documented by the board. The civil penalty limit under this subsection
applies to each report separately.
(d) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(3), (a)(4), (a)(6), (a)(7), (a)(8), (a)(9), or
(a)(10). If the county election board determines that a person is subject
to a civil penalty under subsection (a), the board may assess a civil
penalty of not more than one thousand dollars ($1,000), plus any
investigative costs incurred and documented by the board.
(e) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(5). If the county election board determines
that a person is subject to a civil penalty under subsection (a)(5), the
board may assess a civil penalty of not more than three (3) times the
amount of the contribution in excess of the limit prescribed by IC 3-9-2-4, plus any investigative costs incurred and documented by the
board.
(f) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(11). If the county election board
determines that a corporation or a labor organization has failed to
designate a contribution in violation of IC 3-9-2-5(c), the board shall
assess a civil penalty equal to the greater of the following, plus any
investigative costs incurred and documented by the board:
(1) Two (2) times the amount of the contributions undesignated.
(2) One thousand dollars ($1,000).
(g) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(12). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has violated IC 3-9-3-5, the board may assess a civil
penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(h) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(13). If the county election board
determines, by unanimous vote of the entire membership of the board,
that a person has served as the treasurer of a committee in violation of
any of the statutes listed in subsection (a)(13), the board may assess a
civil penalty of not more than five hundred dollars ($500), plus any
investigative costs incurred and documented by the board.
(i) This subsection applies to a person who is subject to a civil
penalty under subsection (a)(14). If the board determines that a person
is subject to a civil penalty under subsection (a)(14), the board may
assess a civil penalty of not more than one thousand dollars ($1,000)
for each communication circulated or published (but not for each of the
copies of the communication actually circulated or published), plus any
investigative costs incurred and documented by the election division.
(j) All civil penalties collected under this section shall be deposited
with the county treasurer to be deposited by the county treasurer in a
separate account. The funds in the account are available, with the
approval of the county fiscal body, to augment and supplement the
funds appropriated for the administration of this title in the county.
(k) Money in the account established under subsection (j) does not
revert to the county general fund at the end of a county fiscal year.
(l) Proceedings of the county election board under this section are
subject to IC 4-21.5.

Legislative History

As added by P.L.3-1993, SEC.90. Amended by P.L.3-1995, SEC.75; P.L.3-1997, SEC.197; P.L.66-2003, SEC.24; P.L.14-2004, SEC.73; P.L.225-2011, SEC.44; P.L.169-2015, SEC.74.